Roxana V. Muro is a knowledgeable immigration attorney with years of experience. Contact the Law Offices of Roxana V. Muro at 909-297-1860 with any immigration issues you may have.

What is the I-360 Widow(er) Petition?

There are several types of immigration visas and programs that a person can apply to enter the United States. One of these programs is the I-360 Widow(er) Program, which allows a widow or widower married to a deceased US citizen to apply for permanent residency, also known as a green card. Furthermore, while a widow(er)’s permanent residency application is pending the widow(er) can generally obtain a work permit allowing them to work in the United States.

Children of the widow(er) under age 21 who do not have US citizenship or permanent residency in the United States can gain entry into the US through the I-360 widow(er) program as well through a

I-360 Application Process

In order for the widow(er) to gain permanent residency, an I-130 petition for an alien relative or I-360 petition for widow(er) must be filed. If the deceased spouse filed the I-130 on behalf of the widow(er) before their death, the widow(er) does not need to do anything upon the death of the spouse. If the spouse did not file an I-130 prior to their death, the widow(er) might file an I-360 petition for a widow(er) on their behalf. If the widow(er) is filing on their own behalf, they must the I-360 within two years of their spouse’s death. You do not need to live in the United States when you file the I-360. In order to be approved under the I-360 widow(er) program, the widow(er):

  • must have been married to the US citizen, prior to the US citizen’s death
  • must have entered the marriage in good faith, and
  • not entered into the marriage solely for immigration benefits

Additionally, the widow(er) may apply for a green card by filing an I-485. This can be filed at the same time the I-360 is filed or after. It is a separate application from the I-360. In order to be granted a green card under I-485 the widower:

  • must have been married to the US citizen at the time of their death
  • have a pending or approved I-130 on file, or
  • filed the I-360 within two years of the US citizen spouse’s death
  • not be remarried
  • not divorced or legally separated from US citizen spouse at the time of death
  • have been in a bonafide marital relationship with the US citizen spouse at the time of time
  • be otherwise admissible to the United States

Hire an Attorney Today!

An experienced and knowledgeable attorney will give you the best chance at prevailing with your immigration claim. If you are interested in applying for the I-360 Widow(er) Program or If you have any immigration-related issues, contact the law offices of Roxana V. Muro at 909-297-1860. You can’t afford NOT to.

We look forward to speaking with you about your case.


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